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HomeMy WebLinkAbout01/23/1992COMMISSIONERS o " o�n� • REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 6:00 P.M. DATE: January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Present All Commissioners were present. (Commissioner Edwards and Commissioner Pomeroy arrived at 6:05 p.m.) EX- FFICIO R PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Patricia Temple, Advance Planning Manager Don Webb, City Engineer Dee Edwards, Secretary . Minutes of Januga 9 Minutes of 1/9/92 Commissioner Debay stated that the Villa Balboa homeowners requested corrections to clarify Ms. Zand's testimony. Patty Continued Temple, Advance Planning Manager, suggested that the minutes be ontinued to allow staff additional time to review the requested nections with Ms. Zand. Motion qotion was made and voted on to continue the approval of the All Ayes ranuary 9, 1992, Planning Commission Minutes to the meeting of ebruary 6, 1992. MOTION CARRIED. P'ublic Comments: Public Comments 0 one appeared before the Planning Commission to speak on on- agenda items. »» COMMISSIONERS January 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL J I I I I I I INDEX Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, January 17, 1992,. in front of City Hall. Request for Continuances: Request for James Hewicker, Planning Director, requested that Item No. 4, Continuanc Variance No. 1154, regarding property located at 527 Park Avenue, be continued to the February 6, 1992, Planning Commission meeting. Mr. Hewicker further requested that Item No. 5, Modification No. 3958, a request to establish a McDonald's specialty food service at 2727 Newport Boulevard, be removed from calendar until the applicant is ready to go to public hearing. n ' Motion was made and voted on to continue Item No. 4 to the Ayes February 6, 1992, Planning Commission meeting and to remove Item No. 5 from calendar. MOTION CARRIED. Chairman Di Sano explained the format for the subject Planning Commission meeting. The continued public hearing for Item No. 1, Hoag Memorial Hospital Presbyterian, will open at 6:00 p.m. and at 7:30 p.m., the remaining items on the Agenda will be heard. Following those items, the public hearing will continue for Hoag Hospital. A. Amendment 44 (Continued Public He ' rtes No.i Request to establish Planned Community District Regulations and A744 adopt a Planned Community Development Plan for Hoag Hospital. Ts No . al The proposal would establish regulations and development standards for the long term build -out of acute and non -acute health v1180 are facilities. The proposal also includes an amendment to hospital Cont ' d to Districting Maps No. 22 and 22 -A so as to rezone the property from the A -P -H and U (Unclassified) Districts to the P -C 2/6/92 -2- COMMISSIONERS January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX (Planned Community) District, an amendment to Chapter 20.02 of the Newport Beach Municipal Code so as to amend the Height Limitation Zones Map and the legal description of the 26/35 Foot Height Limitation District to place the Lower Campus wholly within the 32/50 Foot Height Limitation District; and the approval of a development agreement and the acceptance of an environmental document. AND B. Traffic Study No. 81 (Continued Public Hearin) Request to approve a Traffic Study so as to permit the construction of Phase I of the Hoag Memorial Hospital master plan of development. . AND C. Variance No. 1180 (Continued Public Hearing) Request to exceed the Base FAR of 0.5 up to the maximum FAR of 0.65, consistent with the provisions of the General Plan Land Use Element and Chapter 20.07.040 of the Newport Beach Municipal Code. LOCATION: Lower Campus: A portion of Lot 172, Block 1, Irvine's Subdivision, located at 4000 West Coast Highway, on the northerly side of West Coast Highway, between Newport Boulevard and Superior Avenue. Upper Campus: Parcel No. 1 of Record of Survey 15 -30, located at 301 Newport Boulevard, on the southwesterly comer of Hospital Road and Newport Boulevard. ZONES: A -P -H and Unclassified APPLICANT: Hoag Memorial Hospital Presbyterian, Newport Beach • OWNER: Same as applicant -3- COMMISSIONERS January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL I I I I I INDEX Patricia Temple, Advance Planning Manager, explained the procedure that staff follows when correspondence is received in the Planning Department to be delivered to the Planning Commission. Commissioner Debay referred to the Response to Comments document that addresses the correspondence received by the staff. The public hearing was continued at this time, and Ms. Linda Rice, 230 Lille Lane, President of the Villa Balboa Community Association, appeared before the Planning Commission to introduce three Villa Balboa residents who will address the alternate master plan proposed by Villa Balboa as presented at the January 9, 1992, Planning Commission meeting. Dr. Bill Engels, 280 Cagney Lane, a Board member of the Villa Balboa Community Association, appeared before the Planning Commission. Dr. Engels stated that the residents are concerned with noise from Hoag Hospital, and he requested a noise level tandard of at least 55 dBA daytime and 50 dBA at night for the • protection of the residents. Dr. Engels listed numerous noise disturbances that occur in the buffer zone between the hospital and e residential area. Commissioner Edwards and Commissioner Debay referred to Dr. ngels' concerns regarding noise, and they explained that the CNEL noise standards have been addressed in the EIR. In response to a question posed by Commissioner Glover regarding Dr. Engels' concerns regarding the hours of truck deliveries, Ms. Temple explained that the SCAQMD's Air Quality Management an includes rules and regulations that are proposed for adoption o achieve air quality. The proposed hours to restrict when trucks ould operate on the arterial roadway network would be between 10:00 p.m. and 6:00 am. Harley Gooding, 260 Cagney Lane, appeared before the [Planning Commission to express his opposition to the proposed ritical care facility on the upper campus. Mr. Gooding stated that he plan, as proposed by the hospital, would extend the facility from the existing tower westerly toward Villa Balboa over the service road. Mr. Gooding described the impact that the proposed • rantilevered structure would have on the Villa Balboa residents. He stated that the landscaping that the residents of Villa Balboa -4- COMMISSIONERS January 23, 1992 MINUTES o \,<v)-i o, 0 CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX planted between the hospital and the residential area would be destroyed if the proposed development is constructed. In response to a question posed by Commissioner Gross with respect to the proposed cantilevered building, Mr. Gooding recommended that the facility be constructed "straight up" or be moved to another site. Commissioner Debay stated that staff has recommended that the critical care unit be subject to a more stringent setback, and she indicated that the Planning Commissioners have personally rved the type of impact the cantilevered building would have he residents. Mr. Gooding expressed his support of the ital; however, he requested the hospital be considerate of the hbors. In response to a question posed by Commissioner r ards, Mr. Gooding replied that he was not aware of staffs mmendation. • mmissioner Glover stated that she has requested that the ospital provide information indicating the purpose of the dditional space at that location. ommissioner Pomeroy expressed his objection to the cantilevered tructure at the proposed location. . Ross Ribaudo, 260 Cagney Lane, appeared before the Planning ommission, and he stated that many of the hospital's neighbors e concerned there is nothing in the hospital's master plan that dicates what the hospital wants, how the hospital is going to grow, d what the state of the art is. The homeowners endorse a Site lan Review, and he referred to a condition in the Site Plan eview that was distributed by staff for consideration stating that y building on the western side of the upper campus would be ontrary to the Site Plan Review. He requested that each end of he service road be operated in the same method, i.e. the gates be ept open between the hours of 7:00 a.m. and 7:00 p.m., and only ersons having business on the road could enter as necessary after :00 p.m. He suggested that the hospital consider off -site arehousing to keep the facility and the neighborhood quiet, and • t would allow the hospital to purchase in bulk, to keep central upply in one area for good inventory control, and to move only -5- COMMISSIONERS • �o� �� January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX building material requirements to the facility so as to eliminate unnecessary handling by the facility people. Commissioner Debay stated that off -site warehousing could mean more vehicle trips as explained in reply to Mr. Ribaudo's letter included in the Response to Comments document. Commissioner Merrill stated that the AQMD's recommendations, as previously explained by Ms. Temple, addresses all truck deliveries to commercial and industrial buildings and sites. In response to a question posed by Commissioner Edwards, Mr. Ribaudo explained that many industries use off -site warehousing for inventory control. Commissioner Pomeroy stated that off -site warehousing could become more viable as the hospital grows because of the sheer number of deliveries. Electric delivery is feasible for short • distances which would cut down noise, and the future electric short distance vehicles could be considered, specifically for nighttime deliveries. Ms. Ariane Zand appeared before the Planning Commission at the request of the Commission. Ms. Zand presented the Villa Balboa Community Association's conceptual alternative plan at the January 9, 1992, Planning Commission meeting. Commissioner Gross addressed the Hoag Hospital Cost Estimate that was submitted to the Planning Commission by Ms. Zand prior to the public hearing. He pointed out that the alternative plan does not include a cost for demolition. Ms. Zand explained that the cost of demolition is not included in the hospital's master plan or the alternative plan, and the cost only considers the construction on the upper and lower campus. Commissioner Gross indicated that the alternative plan recommends demolition of several buildings on the upper campus, and Ms. Zand responded that the hospital's proposal suggests demolition of the same buildings. Commissioner Gross pointed out that the hospital's proposal to construct the parking structure would be $40.00 per square foot, and the alternative proposal is $27.00 per square foot. In response to a question posed by Commissioner Gross, Ms. Zand explained that the cost estimate was determined by a hospital consulting firm. Ms. -6- COMMISSIONERS January 23, 1992 MINUTES o q. APP CITY OF NEWPORT BEACH ROLL CALL INDEX Zand further explained that the difference in the cost estimate of the parking structure is that the hospital proposes to construct subterranean parking on the lower campus, and the alternative plan proposes above ground parking. Ms. Zand and Commissioner Gross addressed the foundation of the parking structure, and the feasibility that the difference in the cost estimate could also include the doubling up of a building. Ms. Zand explained that the water level and the corrosive soils need to be considered to construct the foundation on the lower campus. Commissioner Gross addressed the comparative cost estimate for the Export and Import for the hospital proposal and the alternative master plan. Ms. Zand and Commissioner Gross discussed the cost that would be involved if corrosive soil existed on the site, and a need to replace the soil with new earth. Commissioner Gross concluded that it would appear from the cost analysis that there is not a significant difference in cost between the hospital proposal and the alternative plan. • mmissioner Pomeroy asked what type of instructions were given o her by the persons who employed her, regarding how the ospital layout would be designed. Ms. Zand replied that no one ave her instructions and the alternative plan was designed by her. Commissioner Pomeroy asked if she was given instructions on here the buildings were to be located, and to de- emphasize uildings on the lower campus. Ms. Zand replied that she was hired o come up with the best alternative plan under the circumstances. Commissioner Pomeroy stated that it would appear that for whatever reason, the residents of Villa Balboa do not want to see uch of anything built on the lower campus, and if the residents ed her as an expert, the residents would have had to give her ome criteria for the design contract. Ms. Zand explained that the esidents asked her, as a professional expert, and she concluded at there are many alternatives. Commissioner Edwards asked if she was asked to analyze the site o its best utilization. Ms. Zand replied that she analyzed the 'able space, and how to develop a hospital that would be nctionally sufficient. Commissioner Edwards asked if she was 'ven instructions as to where buildings would be proposed, or • here the clients want to see certain buildings, or was she given 'rection that it does not matter what the results are and just etermine the best utilization of the space from a planning -7- COMMISSIONERS \ `0 0� \ January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX standpoint. Ms. Zand responded that she was to determine the best utilization of space. Ms. Zand and Commissioner Merrill discussed what involvement she had with the four alternative plans that were submitted to the Planning Commission. Ms. Zand stated that she had no contact with the planners at the hospital. Ms. Zand explained that she took the old master plan and all of the information that was available to provide the criteria for the alternative plan. Commissioner Merrill quoted a written comment by Ms. Zand stating that since there is not sufficient data for traffic count or impact, it is more appropriate to concentrate on the traffic pattern and see how it is organized Since there is only one entry to the lower campus.. Ms. Zand and Commissioner Merrill discussed the alternative plan's deletion of the entrance from Superior Avenue to the lower campus wherein Ms. Zand explained that the entrance was not necessary from the information that she had. She said that the comment that there is of sufficient data for traffic count was determined by the Traffic Consultant hired for the alternative plan. Commissioner Merrill stated that the alternative plan does not have a traffic impact and Ms. Zand replied that the hospital plan and the alternative plan would be equal for external traffic count. Ms. Zand further explained that the alternative plan is environmentally better because the traffic would not be moved in the areas where it would eate noise for the neighborhood; however, the alternative plan ces not produce less traffic on the streets. Commissioner Merrill eferred to Ms. Zand's comment that there is no connection between he lower and upper campus, and she explained that the comment referred to the building connections between the upper and lower ampus. mmissioner Debay addressed the alternative plan as a 20 year lan, and she indicated that there is not an allowance for flexibility the alternative plan. Ms. Zand explained that the alternative lan is a final buildout. She further explained that there would be arts or spaces between the buildings to allow for growth without aving a program or definite departmental groupings. In response o further questions posed by Commissioner Debay, Ms. Zand xplained the alternative plan and the consideration of adjacent npatient and outpatient services. Commissioner Debay asked what e alternative plan's FAR would be on the upper campus, nsisting of 990,238 square feet. Ms. Zand explained that 20 acres -8 COMMISSIONERS January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX of development would be 1.03 FAR and 17 acres of development would be a higher FAR, and if the services are not duplicated on the lower campus there may be less square feet than the hospital has suggested. Commissioner Debay stated that when different levels of service are provided, it is necessary to build to more rigid codes if they are connecting, and she asked how a medical office building could be constructed to the State Hospital Standards. Ms. Zand stated that the buildings are not OSHAD, the organization that oversees hospital construction, and even though the services are on the same site, the services are not connecting or the same structures. Ms. Zand explained that it is prohibitive to exit from a OSHAD building construction to a non - OSHAD building. ommissioner Gross addressed Ms. Zand's suggestion to move 8,000 square feet off -site, and he asked where the space would e moved. Ms. Zand replied that she did not have a specific off - ite area. Commissioner Gross addressed the cost of land in the ity, and he stated that the area on the lower campus is available • o the hospital at no additional cost. Commissioner Gross equested that Ms. Zand critique the hospital's master plan. Ms. nd explained that inasmuch as she has not seen the hospital's naster plan, it would be difficult to evaluate the location of the uildings and parking. Ms. Zand further explained that the future hild care center is precarious. She said that it is important to study hat the future will bring inasmuch as there may be alternative ays of medical practice that may be far more economical than Vowing in space. Commissioner Gross asked if it is a good idea . or the City and the Planning Commission to enter into a master lan. Ms. Zand replied that it is bad to enter into an agreement of knowing what the agreement is and what is going to be eveloped, and she would recommend further study. Commissioner ross explained that the City requested Hoag Hospital to come up th a master plan. ommissioner Merrill referred to the Response to Comments that ddresses the concerns that Ms. Zand previously submitted to staff. ommissioner Merrill stated that the alternative plan is similar to e hospital's master plan with the exception that the playground d child care center have been relocated to their present position; he secondary entrance that was too close to the main entrance has een eliminated; and landscaping was replaced by parking. -9- COMMISSIONERS 0� January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL il Jill I INDEX Commissioner Edwards stated that if the hospital provided specifics of the type of plan that Ms. Zand is proposing, the hospital would lock themselves in to the manner in which they deal with future health care, and he asked how to deal with enough flexibility to deal with the future of health care, and at the same time, to present to the residents what is going to be there over the next 20 years. Ms. Zand explained that flexibility in health care is of primary importance, and it does not mean to leave the buildings with four sides open for expansion or demolish every 5 years. The concept of strategic planning and master planning is to make the best studies to find what the future is going to be in the short term, long term, and what are the alternative scenarios. Ms. Zand proceeded to explain the importance of flexibility. Commissioner Pomeroy stated that the Commission requested that Hoag Hospital provide what the worst condition would be when the hospital reached build -out, and Hoag Hospital recommended that the outpatient care be congregated more on the lower campus. • The residents are seeing through the public hearing process what e worst case condition would be all at one time, and the issues of here the buildings could be and what would be in each building is what Hoag is trying to avoid. The hospital is trying to adjust to hange, and at the same time let the public know what the physical remises are going to be like if everything is going to be built out o the maximum. Ms. Zand responded that it is necessary to know hat buildings go where and how they are constructed. She ddressed the proposed buildout of the lower campus. Motion Motion was made and voted on to continue Item No. 1 to after the All Aye. emaining Planning Commission items have been heard. MOTION :ARRIED. The public hearing reopened at 8:15 p.m. after the public hearings or Items No. 2 and No. 3 were opened and closed.) . Jill Lindsay, 4 Balboa Coves, appeared before the Planning ommission on behalf of the Balboa Coves Community sociation. Ms. Lindsay delivered a slide presentation as she de the following presentation. Ms. Lindsay addressed the sound all located on West Coast Highway that the City constructed for alboa Coves, and the easement on Balboa Coves property for andscaping. The Balboa Coves residents will be affected by the -10- COMMISSIONERS January 23, 1992 MINUTES 0 �o���� CITY OF NEWPORT BEACH ROLL CALL INDEX hospital's lower campus development inasmuch as the entire length of the community is across West Coast Highway from the hospital's property. Ms. Lindsay referred to the letters that the Association and the residents sent to the Planning Commission to express their concerns about the master plan. Hoag Hospital met with the Association on June 7, 1990 regarding the proposed master plan, and subsequent meetings with the Association only addressed the traffic signal at the intersection of Balboa Coves and West Coast Highway. The Association concurs with the testimony that Ms. Terry Watt gave to the Planning Commission on January 9, 1992, regarding a Development Agreement. Ms. Lindsay addressed the commercial uses that exist on West Coast Highway adjacent to the Balboa Coves residents, and she stated the Association is opposed to further mixed -use development that has occurred in the area over the past years. In 1990 the Orange County Business Journal indicated that Hoag Hospital received top honors for the highest profit - $19,000,000.00 • 12 months with a 75 percent occupancy rate. Ms. Lindsay stated at the hospital must offer proof that money is needed to keep receiving endowments and she asked what better way than to build buildings, expand, and enlarge. She asked if the development of a regional center is a realistic and reasonable goal for the 65,000 residents of Newport Beach or the homeowners living adjacent to e hospital. alboa Coves property has increased in value during the past two ears because the residents entered into an active and aggressive evelopment program. Since 1989 the residents have contributed ver $340,000.00 or approximately $5,000.00 each to construct a ew private entrance into the community, to build walls not rovided by Cal Trans, install parks on never developed property 'thin the community, and the residents recently approved a pecial Assessment District as a mechanism to finance the ndergrounding of utilities. Further action includes an provement to the roadways, a community park and to continue he sound wall to the eastern most lot in Balboa Coves. e Balboa Coves Community Association supports a Site Plan • Review for buildings totalling over 30,000 square feet or more. Ms. Lindsay stated that the parking structure is massive and the hospital wilt the structure in an area that has a magnificent view of the -11- COMMISSIONERS January 23, 1992 MINUTES �� O� \CITY OF NEWPORT BEACH ROLL CALL INDEX turning basin and is located at the most southeastern part of the property closest to the City's public transportation arteries. The parking structure does not compliment or respect the natural beauty of the City, and the architecture of the Cancer Center and the Child Care Center do not compliment each other or the existing buildings on the upper campus. She recommended that the hospital adhere to a particular architectural style for all future development on the upper and lower campus. Ms. Lindsay addressed Dr. VanderSloot's testimony regarding methane gas at the January 9, 1992, Planning Commission meeting. She addressed the methane gas in the area, the personal experiences of a Balboa Coves resident regarding the methane gas, and the methane gas odors. She said that a map of the Methane Hazard Zone does not include the Balboa Coves area, but the hospital's lower campus is included. Ms. Lindsay addressed the draft EIR traffic projection at the • intersection of West Coast Highway and Balboa Coves. In February, 1988, Hoag Hospital presented to the City, the Balboa Coves Community Association, and the California Coastal Commission an addendum to a Cal -Trans presentation concerning e widening of West Coast Highway. The analysis was prepared or Hoag Hospital indicating that the purpose of the report was to resent the results of additional noise analysis completed for the roposed addition of the signalized intersection and an additional avel lane on the north side of West Coast Highway. The traffic ignal and additional lane would be in addition to the two lanes eady approved. The future 'no project' condition means that the oad would be widened to the Cal -Trans approved two additional anes plus median, the future 'with project' is the Cal -Trans project an additional lane, plus a signalized intersection, and a full r elus vel of the hospital site. The table included peak hour affiopment c data going east and west of Balboa Coves on West Coast ghway. She compiled the 'no project' am. west and east ogether to determine total peak hour am. traffic. No project' raffic equated to 7,929 total trips during the morning peak hours thout the signal and lanes.. The p.m peak hour traffic data quated to 9,748 total trips. The full development of the hospital ite would contribute an additional 512 total trips in the a.m. and • 82 trips in the p.m. for a total of 1,494 peak hour trips, an additional 6 percent in the morning and 10 percent in the evening -12- COMMISSIONERS January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX due to the hospital's total lower campus development. She was able to determine that 50 percent of the trips would trigger the light at the intersection during the morning peak hours and stop traffic, and 52 percent during the peak p.m. hours. Ms. Lindsay addressed the draft EIR and staffs Traffic Study. She indicated that staff determined that based on the lower campus trip rates defined in the Traffic Study, the daily traffic generated by the lower campus, including the existing Cancer Center and Child Care facility, is 14,489 trips. The am peak how traffic is 767 trips and the p.m. peak how traffic is 964 trips. The development would be permitted if it did not exceed 1,281.3 peak how trips. The hospital's experts predict that 27 percent of patients will be using the West Coast Highway access to ingress and egress the upper campus where the existing condition indicated 'none'. 28 percent of the employees have been projected as accessing the upper campus from the lower campus where the existing condition indicated 'none'. Unfortunately, no traffic data is available for the upper campus on • the number of trips for the upper campus. The General Plan dated August, 1988, indicates a listing of existing trips generated by land use for 1987 when no development existed on the lower campus. The 3,990 existing average daily trips was for the upper campus only wherein she indicated that would be a conservative number when the upper campus development is almost equal to the lower campus projected development for which 14,489 trips have been rojected. The average daily trips of employees and patients were etermined by using the lower campus ingress and egress as rojected by the hospital. 27 percent patient use equals 1,077 of he total 3,990 listed, and 28 percent employee use equals 1,117 for combined total of 2,195 trips. According to the analysis, 6 ercent of the trips, or 133 trips, will occur in the a.m. peak hours d 10 percent or 201 trips will occur during the p.m. peak hours. e projections were added to the staff report and it would appear hat 900 trips will occur in the a.m. peak hours and 1,165 trips will ccur in the p.m. peak hours, for a total of 2,065 peak hour trips at he intersection of West Coast Highway and Balboa Coves; 784 ditional trips over the maximum of 1,281.3 trips the City dicated could not be exceeded; 61 percent gain over the maximum allowable; 571 more trips than the hospital projected to • et the signal and extra lane originally. The draft EIR indicates the ercentage of employees and patients accessing the upper campus om the lower campus entrance at West Coast Highway, and it -13 -. COMMISSIONERS January 23, 1992 MINUTES \0�� ` 0\\ CITY OF NEWPORT BEACH ROLL CALL INDEX does not indicate the percentage of visitors using the entrance. It is the opinion of the residents of Balboa Coves that there would be a dramatic increase over a plan that was originally approved by the community, and significantly impacts the major public transportation into the City. Balboa Coves recommends that access be restricted from the lower campus to the upper campus, and suggests a transportation system used to transport employees, visitors, and ambulatory patients from campus to campus, or Balboa Coves would like to see a thorough and comprehensive review of the traffic. The true impact must take into consideration visitor traffic, accessing the upper campus to the lower campus at West Coast Highway, summertime traffic on West Coast Highway, the number of "V' turns at the Balboa Coves and West Coast Highway intersection, the stacking in the am. and p.m. because of the Arches bridge and Balboa Coves traffic signal. All hospital eastbound traffic entering or exiting the lower campus will stop the through traffic on West Coast Highway; 452 trips have the • potential of stopping traffic during the a.m. peak hours and 603 trips during the p.m. peak hours. Separate and apart of the projection is the eastbound traffic from the Arches Bridge off -ramp which also stops the through traffic flow at West Coast Highway. The impact on West Coast Highway includes idling traffic that would create noise and pollution, and 20 to 40 years of hospital onstruction. Ms. Lindsay indicated that the analysis states onshuction noise is a potential impact that must be considered in the environmental process. The draft EIR contradicts the statement by stating constnection noise is deemed insignificant. Balboa Coves residents have requested sight poles to aid the magnitude and scope of the proposed lower campus development d the ultimate impact the project will have on the community. Craig Weber, consultant to the Balboa Coves Community Association, appeared before the Planning Commission. Mr. Weber described setback areas on West Coast Highway at the site f the lower campus from an exhibit on display. The Balboa Coves esidents are requesting a minimum 25 foot setback along West oast Highway. He referred to a grade change from West Coast • ighway to an internal road that is proposed for the project; an xtension to the existing sidewalk that is back of the public right -of- ay line that is proposed for widening to accommodate bicycle -14- COMMISSIONERS d,O 0 cn January 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX travel; a slope resulting in a setback to the road that is approximately 25 feet; a continuous landscape buffer along the edge of West Coast Highway to the access road from Newport Boulevard; and the residents request that the lower portions of the proposed buildings and service road not conflict with Balboa Coves. In response to questions posed by Commissioner Glover, Mr. Weber explained that the residents have requested a 25 foot setback, and the landscaping would be included in the setback. Mr. Weber further replied that landscaping height has not been considered. He said that the residents' primary concern is to determine a wider setback than the hospital's requested 15 foot setback. The proposed setback is restrictive and retaining walls may be required in the area. The residents request that landscaping be planted on West Coast Highway to the access ramp from Newport Boulevard. In response to a question posed by Commissioner Gross, Mr. Weber explained that in previous discussions with the residents and staff he had suggested a 35 foot setback; however, he would now recommend a 25 foot setback.. Commissioner Glover expressed her objection to walls, and she suggested that the residents not come back to the City to request that the hospital construct a wall around the development. Mr. Weber replied that as a resident of Balboa Coves he would not recommend a wall. Commissioner Pomeroy stated that a primary concern that has been expressed by the residents is the mass of buildings being built to the full permitted height at a 15 foot setback. He said that there are methods to solve the concern regarding mass and that concern would include pushing the setback back, and phasing the floors of the buildings so the lower floors might have one setback, upper floors might have a larger setback, and subsequent floors might have a large setback. Mr. Weber explained that the grade change and the widening of the sidewalk to accommodate any construction would require a 25 foot setback, and once the setback has been established it would be considered that the setback would be continued around the development for uniformity. Mr. Weber • explained that the master plan indicates a 15 foot setback on West Coast Highway and it is a physical impossibility to build to the 15 -15- COMMISSIONERS �o1 0 � January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX foot setback in Zones A and B due to the fact that the hospital has indicated on the master plan that a road would be constructed and the buildings would be constructed behind that road. In response to a question posed by Commissioner Debay, Mr. Weber explained that he is a licensed landscape architect. Commissioner Debay asked if there would be a possibility of a trade -off because the setback would be increased by 10 feet. The buildings cannot be built as low and rambling and there would not be the ground area; therefore, the buildings become taller because the footprint would be reduced. Mr. Weber concurred with the foregoing statement, and he indicated that Commissioner Pomeroy's foregoing suggestion regarding the building mass is a reasonable consideration. In response to a question posed by Commissioner Merrill, Ms. Lindsay reappeared before the Planning Commission and she explained that the bays adjacent to the Balboa Coves property step • back 6 feet from the sidewalk edge, and where the bays come forward toward the sidewalk it is City-owned property. Ms. Lindsay and Commissioner Merrill discussed the feasibility of tree landscaping. Commissioner Merrill referred to the slide presentation and the view from Balboa Coves, and he stated that he is disturbed by the bulk of the Villa Balboa complex inasmuch as there is nothing to support the visual footing of the development. He indicated that the proposed master plan, including landscaping, sets the stage for the Villa Balboa complex. Ms. Lindsay disagreed with Commissioner Merrill's opinion. In response to a question posed by Commissioner Debay regarding e Traffic Study, Ms. Lindsay explained that she has not had an pportunity to review the traffic analysis. Commissioner Debay requested that Ms. Lindsay contact her if she has questions pertaining to the traffic count and the intersection capacity. Ms. Lindsay replied that she is certain that the new traffic study has not taken into consideration the employee, patient, and visit use. In response to a question posed by Commissioner Debay regarding e hospital's contribution towards the Balboa Coves entry gate and traffic signal, Ms. Lindsay replied that the hospital contributed 30,000.00 to Balboa Coves for the entry improvements. -16- COMMISSIONERS January 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL il Jill INDEX Commissioner Gross suggested that Ms. Lindsay provide the Balboa Coves Traffic Study to the hospital planners for their review, and that Ms. Lindsay and hospital representatives meet with staff concerning the traffic study. Ms. Temple requested that Ms. Lindsay provide the documents for staffs review. In response to questions posed by Commissioner Gross, Ms. Lindsay explained that several Balboa Coves residents will contact the County Assessor's Office to request an adjustment to their land base. Ms. Lindsay explained that the hospital has not taken the lower campus in a cohesive direction architecturally, and the residents request that the upper and lower campus be designed so the development would be aesthetically pleasing to the community. Commissioner Gross responded that proposed development generally considers land use and not architectural style. In response to a question posed by Commissioner Gross, Ms. Lindsay requested that the hospital discuss architectural style in their closing remarks. Commissioner Pomeroy addressed Ms. Lindsay's previous testimony • egarding the hospital's $19,000,000.00 profit and reference to the on -profit status of the hospital. Ms. Lindsay responded that the statement was quoted from the Orange County Business Journal. Commissioner Pomeroy and Ms. Lindsay discussed the reason why he residents are concerned with the architectural style of the hospital's proposed development. Commissioner Pomeroy xpressed his opposition to architectural review. Ms. Lindsay ompared the proposed development with The Lrvine Company's onformity of architectural style. Commissioner Glover stated that architecture is very subjective, d she concurred with Commissioner Pomeroy. She supported the esign and landscaping of the existing two structures on the lower pus. She said that thematic architecture can turn out to be ery bad, and the difference in architectural style brings interest to he plan. Commissioner Merrill concurred with Commissioner lover's comments regarding thematic architecture. response to a request for clarification by Commissioner dwards, Ms. Lindsay stated that the residents have a concern with he mass of development and what they would see architecturally. Vs. Lindsay replied to a question posed by Commissioner Edwards hat she assumed that the hospital's Traffic Study does not address mployee traffic. -17- COMMISSIONERS January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Pomeroy requested that staff submit a report of the traffic count to the Commission for the February 6, 1992, Planning Commission meeting. Ms. Joanne Burns, 300 Cagney Lane, appeared before the Planning Commission on behalf of the Friends of Cattail Cove. Ms. Burns' slide presentation and testimony was directly related to preserving the wetland that is located on the lower campus of the hospital site. Ms. Burns explained that a wetland functions as a reservoir for upland waters and prevents erosion by sponging up and holding the water; as a filter for upland water; prevents pollution from going into the bay; retains the pollutants sometimes in the soil; filters out debris, manmade or natural; primary habitat or nursery for new life; secondary habitat for over -flow population from larger wetlands; nesting site for birds that are impacted in the larger . wetlands; and a resource for human beings to observe . and catalogue. Ms. Burns explained that cattail cove is unique according to the Carlin Marsh Report because five different habitats are uniquely juxtaposed, and there are five additional non- wetland habitats. Commissioner Gross addressed the difficult decision the Commission has to make regarding the environment. Ms. Burns and Commissioner Gross addressed the origin of the wetland. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission. He stated that he has no animosity towards the hospital; however, he stated that the Commission should consider the land use rather than health care terms because . the same amount of health care can be available with alternative plans. VanderSloot addressed the mitigation strategies for the wetlands and Government policies. Preservation of wetlands should be considered, avoidance of impacting the wetlands, destroying or building structures on them, and there are alternatives that can be achieved with the same results without impacting the wetland. If the wetlands should be mitigated off -site then the Commission should consider what site should be considered, and the EIR does not discuss sites. The feasibility of the site should be considered, and it may not be feasible to restore • wetlands or create wetlands somewhere else if the cost is too high. If the hospital is required to purchase land to restore the wetlands en $1,000,000.00 an acre may be the cost. He said that the site, -18- COMMISSIONERS January 23, 1992 MINUTES \Ad OA'e'e\N 0 q� CITY OF NEWPORT BEACH ROLL CALL INDEX how many acres, how to monitor the mitigation, and if it would be cost effective considering all of the aspects of the master plan. He suggested that the Commission make the commitment to mitigate into the City. The Fish and Game Department has indicated they want a no net loss of wetlands; the master plan proposes to mitigate 1.52 acres of wetlands; 2.59 acres wetlands has been identified; and in 1991 there were 3.50 acres of wetlands and he requested that the differences be clarified. He requested a full one to one no net loss of wetlands which would be 2.59 acres, and if that mitigation takes place within the City, the cost be determined so that when different alternatives are analyzed the cost of wetland mitigation should be included. Dr. VanderSloot stated that it has been determined that the concentration of hydrogen sulfide gas in the area is roughly six times or more what could be considered a lethal concentration of hydrogen sulfide gas. Dr. VanderSloot stated that two gasses may cause problems in the area - methane gas and hydrogen sulfide gas. • The EIR suggested that other gasses be studied for other toxic asses, and before the project is approved, the Commission require more comprehensive geo- technical report on the property. The safety of the buildings is dependent upon whether the mitigation measures can prevent the gas from gathering inside the buildings d endangering the people. The mitigation measures address ivrapping the buildings up with plastic sheeting so the gas will not ass through the plastic, providing perforated pipes underneath the wilding so the pipes can collect the gas and have them vented to he atmosphere at the side of the building. Provide around the lock air conditioning so no gas will accumulate within any of the uildings, and ultimately, because the problem cannot be liminated, gas sensors must be installed within the building. The Response to Comments addresses the problems of the methane gas ensors in the Cancer Center. Dr. VanderSloot stated that water as entered into the Cancer Center, and he suggested that it be etermined what caused water in the Cancer Center. He ecommended that the Commission consider if the City incurs any iability by approving the development in an area where it is known at there are health and safety hazards. Dr. VanderSloot stated at the EIR does not identify what is making the soil corrosive, • d will it damage the mitigation, i.e. plastic sheeting. Dr. VanderSloot referred to the exhibit on display, and he -19- COMMISSIONERS o ` January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX described an alternative plan that the Friends of Cattail Cove have recommended. The alternative plan is similar to the Villa Balboa alternative plan that Ms. Zand described except there would not be buildings where there are concerns about health and safety. The wetlands would act as a filter and sponge for anything that would be emitting up from the ground. He addressed the restoration of 3,000 square feet of wetlands by the hospital if the issue would be resolved by the Coastal Commission. Preservation of ocean and bay views would exist along the bluff lines as it currently exists, and not along the bluff line as it would exist if 100 feet would be cut back. Transfer of development from the lower campus to the upper campus, and the configuration of the buildings is exactly the configuration of the buildings as drawn by the hospital and the EIR in 1979. The buildings would be located in a pin -wheel arrangement around an elevator shaft connected to the tower. The plan does not include additional towers because the FAR allowances have been reduced; however, it would allow the hospital to set below what is now the building envelope for the upper • ampus. The three, four, and five story buildings would be located in a peripheral manner around an elevator shaft connected to the hospital. The advantage of the alternative plan is that it is flexible, and the hospital would be able to construct the buildings one at a time as the need arises. Adjacency to the main medical care center is also provided in the alternative plan, and he agreed with the hospital planners that the emphasis in medicine is away from patient care. It is not reasonable to expect that Hoag is going to Pend all of the upper campus on inpatient care when all of the edical care shows the inpatient care is going towards outpatient are. He said that medical malls have an inpatient focus, and upatient services are around it. It is advisable to have a building djacent to the tower, the services would be more adjacent, and hey would also be more available for x -ray and laboratory in one pot rather than duplicate the services elsewhere. In response to a question posed by Commissioner Edwards egarding the Response to Comments document regarding sulfide asses, Dr. VanderSloot stated that the listed mitigation measures o not meet his concerns inasmuch as they all seem to relate 'tigation by having a sensor device and having a plastic sheet, and aving a perforated piece of pipe. In no area do they address the • uestion of corrosion and whether or not apiece of plastic is going o last under a multi -ton building for 40 to 50 years. Commissioner -20- COMMISSIONERS �` \0� January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Edwards addressed Dr. VanderSloot's comments regarding liability, and he stated that it was his impression that the landowner is the responsible party to clean up any damages. Commissioner Pomeroy stated that Hoag Hospital agreed to 1.5 times mitigation of the wetlands, and not one for one. Commissioner Debay stated that she would support off -site mitigation in the West Newport area, and she suggested a new park situated on public land that has been developed with parking available. Commissioner Debay stated that the hospital allows the public to enter private property, and she would rather see mitigation on public land. Dr. VanderSloot addressed the Development Agreement and he stated that historically with what has been agreed to by The Irvine Comparry is that 50 percent of the land is dedicated for public uses. He suggested that if the Development Agreement is granted, that a plan be included where 50 percent of the lower campus is dedicated to the public in return for the Development Agreement for the rest of the property. The hospital would not lose 1 square foot of developable property, and they could still have their same development entitlement with the alternative plan rather than spread out over an unsafe and unhealthy situation on the lower campus. Commissioner Glover stated that many small landowners have had ressures put on them by groups to give what The Irvine Company as given, but the small landowners feel that they are at a disadvantage being in a City with The Irvine Company because the residents are accustomed to The Irvine Company giving a lot of and. Dr. VanderSloot expressed his opposition to the evelopment Agreement on the basis that the residents of the City e tied to a Development Agreement for at least 20 years, and he indicated that when The Irvine Company dedicates 50 percent of and, some of that land is not useable. In response to a question posed by Commissioner Gross, Dr. VanderSloot replied that he was not aware of anyone who would nstruct buildings on such an adverse geo- technical environment here there are inexhaustible supplies of methane gas and hydrogen sulfide gas coming up through earthquake fractures and faults. He further replied that he does not know of any mitigations at have been installed that would work, and the best mitigation -21- COMMISSIONERS O_d `C �� �d January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX is not to construct on the site. In response to a question posed by Commissioner Gross with respect to the Agreement to do mitigation as it relates to the Cancer Center but it has not been completed, Dr. VanderSloot explained that in June, 1990, the hospital constructed the child care center and bulldozed into the wetlands. It amounted to approximately 4,000 square feet. The City Attorney and the Coastal Commission ordered the hospital to stop work, and what remains is a cattail pond with a red fence around it where the hospital stopped work. Subsequently, the residents contacted the Coastal Commission and requested them to determine how many wetlands were actually removed, and the Coastal Commission in 1990, decided that there were 3,000 square feet of additional wetlands that were removed and the hospital should replace 3,000 square feet of wetlands on site. The hospital drew up a plan in April, 1991, and that plan is where there is a reference to 3.05 acres. To this date no action has been taken by the Coastal Commission and the Fish and Game, and Fish and Wildlife. He said that eventually the soil will be graded so that • water can saturate the soil in approximately a 45 x 55 foot area next to the main body of cattails. In response to questions posed by Commissioner Gross regarding the alternative plan that the Friends of Cattail Cove proposed, Dr. VanderSloot replied that the Villa Balboa residents have endorsed their plan, and he described from the exhibit why their proposal would not impact the residents views. Dr. VanderSloot further discussed the Coastal Commission's mitigation requirements for the cattail cove wetland. Commissioner Pomeroy stated that 170,000 yards of corrosive soil be removed and replaced with new soil on the lower campus. He said that it is important to know how the soil became corrosive, if the replacement soil would become corrosive, and if it would have a negative impact on the plastic. Commissioner Pomeroy referred to documents the Commission has received wherein it is stated that it is more appropriate for the wetlands to be relocated in conjunction with other wetlands rather than in a small location here it is by West Coast Highway, and because of its location it has little value as a wetland. Dr. VanderSloot said that the agency making the study and making the recommendation should be considered. _22_ COMMISSIONERS \OA \INd .j, • January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INQEX In response to questions posed by Commissioner Merrill, Dr. VanderSloot explained the number of acres and locations of the wetlands in Huntington Beach. Commissioner Edwards and Robin Flory, Assistant City Attorney, addressed the State regulations that are required if 170,000 yards of soil are removed from the premises, and State certification that no hazardous materials are on the site. Commissioner Debay requested a report that would determine hat would occur if fill that would be brought in from another area would be placed over the corrosive soil. Commissioner Debay and Dr. VanderSloot discussed the conflicting documents that address the earthquake faults in the area wherein Commissioner Debay requested that staff address the issue in a future report. ]Fhe Planning Commission recessed at 10:20 p.m. and reconvened t 10:30 p.m. Mr. Chris Hansen, 22 Encore Court, appeared before the Planning Commission, and he commended the Planning Commission and staff for the attention that Bill Jennings and himself had received from them. He further stated that they support Hoag Hospital, and in the hospital's plans to expand even though they may not agree .th that plan. Rosemary Steinbrecher appeared before the Planning mmission and she submitted a petition containing signatures of 5 Versaille residents. She addressed concerns regarding the gas elds under the lower campus and she requested a zero growth icy on the site; the hospital would develop into a regional health e center; traffic on Hospital Road has tripled in the past 10 F rs; the service road is used by the public from Hospital Road to West Coast Highway; and the expansion of the hospital would minish the services of the adjacent medical facilities and the ublic using those facilities would be inconvenienced. Charles Lamb, 280 Cagney Lane 113, appeared before the fanning Commission at the request of Commissioner Gross. mmissioner Gross referred to copies of the tax bills that Mr. b submitted to the Planning Commission at their request at the anuary 9, 1992, Planning Commission meeting. Commissioner -23- COMMISSIONERS January 23, 1992 MINUTES 0, \\ CITY OF NEWPORT BEACH ROLL CALL ji Jill INDEX Gross asked if the same impact occurred on the market value of the home inasmuch as the assessed value of the home is not connected with the market value. Mr. Lamb replied that he was not aware of the current market value of his home; however, he was aware that nearby residential units sold less than the original cost by as much as 20 percent two years ago. He further stated that in addition to his unit and Unit No. 109, two other condominium units have been reassessed. In response to a question posed by Commissioner Debay regarding a site plan with drawings that was a part of the evidence Mr. Lamb submitted to the Assessor's Office, Mr. Lamb explained that the drawings were provided to him by Hoag Hospital during the public hearings on the Cancer Center and it was a plot plan of the lower campus of the development. He further explained that in addition to the drawing showing the Cancer Center it showed 14 buildings in detail and their use. In response to a question posed by Commissioner Debay, Mr. Lamb replied that he had no idea if the essor's Office based their evaluation on that drawing. He stated that he informed the Assessor's Office that the character of the neighborhood was being changed drastically, and to substantiate at, he had come from a public hearing at which the Cancer Center had been approved, and this ultimately was what the lower ampus could become. Mr. Lamb explained that based on that information, the Assessor's Office called him and made him the offer, and that was also characteristic of the property owner at Unit NO. 109. In response to a question posed by Commissioner Merrill, Mr. -amb replied that he purchased his property in 1981, and the ancer Center was approved in 1987. In response to a question osed by Commissioner Merrill, Ms. Temple replied that two eparate Cancer Center hearings were held, in 1985 there was a equest for a 50,000 square foot building and in 1986 and 1987 the 5,000 square foot Cancer Center was approved and constructed. mmissioner Merrill stated that the date of assessment of 1987 -88 ould have been the first Monday in March, so the Assessor's Dffice would not have known about the hospital. Mr. Lamb xplained that after the Cancer Center was approved he went to • e Assessor's Office as a 'trial balloon', he filled out the pplication, and he attached the foregoing plot plan showing the otal build -out. -24- COMMISSIONERS �0��� January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Pomeroy recommended that an appraised market value of the property be provided to the Planning Commission. Mr. Brad Pfeister, 200 Paris Lane No. 315, appeared before the Planning Commission in support of Villa Balboa's alternative plan. He addressed the view park that was discussed at the January 9, 1992, Planning Commission meeting and the adjacent parking lot that would be used by the public. He suggested that the parking lot be carefully considered because the ingress /egress on Superior Avenue is dangerous, and many accidents have occurred on the street. Mr. Mark Faulkner reappeared before the Planning Commission at the request of Commissioner Gross. Commissioner Gross addressed Mr. Faulkner's testimony at the January 9, 1992, Planning Commission meeting concerning earthquakes and mass. Mr. Faulkner stated that the concern regarding earth movement is in consideration of all of the structures including the Villa Balboa • complex, and the parking structure would be included. Commissioner Gross indicated that the soil report indicates that there would not be an unsafe condition. Mr. Faulkner stated that one of the buildings has experienced problems with the structure in the parking garage, and portions of that were possibly due to the grading and earth removal from the Cancer Center. Dr. Carolyn Heath, 3908 Channel Place, appeared before the Tanning Commission. She said that she is a biologist and she explained her support to preserve the wetlands. A quality environment includes two components, one is an aesthetical. one d the second one is an ecological one. Wetlands are important nasmuch as they are the most productive habitat on earth. alifornia has incrementally lost 91 percent of the wetlands ccording to a 1991 study. She opposed the draft EIR's comments egarding patched habitats inasmuch as they become important to mimals in larger areas, and the EIR further states that the loss would be mitigated by off -site reconstruction of the wetlands. She referred to documents that supported her reasoning. In response to a question posed by Commissioner Debay, Dr. • Heath replied that in California every bit of wetland is extremely important. Commissioner Debay asked if Dr. Heath disagreed with he statement that subject property will impact only wetlands that -25- COMMISSIONERS January 23, 1992 MINUTES 'k 0 , CITY OF NEWPORT BEACH ROLL CALL INDEX are marshy and possess only low habitat. Dr. Heath requested a definition of 'marshy'. She further stated that it may not be the most attractive or extensive area, but as a refuge and a total sum of acreage it is very important. Mr. Alec Cormack, 260 Cagney Lane, appeared before the Planning Commission. Mr. Cormack stated that his condominium is directly across from the hospital cafeteria. Mr. Cormack addressed the noise from the loading dock and the sterilizer machines, and he suggested that the 15 mile speed limit on the service road be enforced. Mr. John Miller, P. O. Box 1475, Newport Beach, appeared before the Planning Commission. He stated that the original purpose of the hospital was to provide a facility for the residents of Newport Beach, and the hospital is expanding towards a regional medical facility. He questioned if Newport Beach residents want a regional medical facility. Commissioner Glover stated that a small community hospital may of be viable from an economical view point because times have hanged since the hospital was built originally. Allen Beek appeared before the Planning Commission, and he elated several experiences concerning the history of the hospital. Beek stated that it is time for Hoag Hospital to work with the mmunity including the planning stages, and it is the responsibility A the Commission to force the hospital to work with the ternative plan architects to evaluate the plan. The ball is in oag's court to prove that the alternate plan is not an adequate )Ian. . Frank Jenes, 200 Paris Lane, appeared before the Planning ommission, and he addressed the noise and view that the roposed lower campus buildings would create. He suggested a ound wall or berm be constructed at the bicycle path that would bstruct the view of the lower campus facilities, and would also educe the noise from West Coast Highway. . s. Louise Greely, 16 Swift Court, appeared before the Planning Commission. She addressed the increased density and traffic in West Newport, and she indicated the natural vegetation at Superior -20- January 23, 1992 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Avenue and West Coast Highway has never been re- established after the intersection was re- routed. She further addressed the need to preserve catttail cove; the appropriateness of the hospital becoming a regional hospital in a residential area; the endorsement of the cattail cove alternate plan to transfer one -half of the development rights from the lower campus to the upper campus and the benefits will impress the Commission; the earthquake fault, soil instability, and underground gasses cannot be ignored; the restoration of the wetlands lost during the construction of the Cancer Center; and that mitigation of the wetlands would remain in West Newport. Ms. Temple requested copies of the slides that were given by the Mark Faulkner, Ariane Zand, Jill Lindsay, and Joanne Barnes presentations to complete the public record. Ms. Temple briefly outlined the material that would be provided to the Planning Commission for the February 6, 1992, Planning Commission . meeting. Commissioner Glover requested that staff and the hospital provide information regarding possible areas of mitigation for the wetlands in the City, and how a 25 foot setback could be provided and to be assured that property rights have not been invaded. Commissioner Edwards requested that the City Attorney's Office address the liability issue and traffic control. Commissioner Gross requested that the City be named insurer under the hospital policy. Commissioner Debay stated that at the January 9, 1992, Planning Commission meeting, Ms. Watt advised that she would provide a formal text on Development Agreement issues, and she requested that Ms. Watt provide the material prior to the February 6, 1992, Planning Commission meeting. Commissioner Debay requested a documentation that the bluff that is existing is not the original bluff. Commissioner Gross requested alternatives regarding the wetlands mitigation and what is more typically done; discussion regarding an architectural committee; impact of the gas as related to the AQMD; and discussion regarding a Site Plan Review. -27- 1 0 \0� v N \\ COMMISSIONERS 0,\ January 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Merrill suggested preparation of standard conditions that would have an affect on the footprint, the setback, the height, etc. Commissioner Pomeroy stated that staff should suggest how the City can accomplish mitigation of the massing within the master plan so it would not be necessary to have a Site Plan Review. He addressed the issue of property values and he said that a portion of what determines property value is what people's perception of what that might be, and when it is finally there and properly landscaped it may have a positive value on the property rather than a negative value on the property. He said that the residents should be concerned with piecemeal construction and what might take 20 years to happen. The biggest concern in the EIR, and cannot be mitigated, is the noise and mess that occurs during construction. The applicant may want to address how certain things could be grouped so there is not something going on every year for 20 years. He suggested that staff advise what benefits the City would get • from a Development Agreement. Commissioner Pomeroy suggested that staff prepare a condition that goes to 1.5 in the wetlands mitigation. Ms. Temple stated that it is not necessary to establish the acreage, the City would set the standard, and the resource agency would determine the acreage. Chairman Di Sano addressed concerns regarding corrosive soils. Ms. Temple explained that export occurs simply because it is necessary to grade the property, and in the geo- technical reports it was an assumption that construction on corrosive soils does not necessarily mean a major problem. The consultants will be requested to put the soils and gas issues together, and see if there is a concern related to the deterioration of the foundation structure as suggested. Motion Motion was made and voted on to continue Amendment No. 744, All Ayes Traffic Study No. 81, and Variance No. 1180 to 6:00 p.m., on February 6, 1992. The remaining agenda items would be heard commencing at 7:30 p.m., and Amendment No. 744 would continue to be heard following the public hearings regarding the additional agenda items. MOTION CARRIED. -28- COMMISSIONERS January 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX, Use Permit No. 3437 (Public Hearing) Item No.2 Request to permit the establishment of a new location for the UP3437 existing Hidi's Restaurant on property located in the C -1 District 'd The proposed restaurant will include an outdoor waiting area with P P g Cont a to z /2o /az seats. The proposal also includes a request to waive a portion of the required off - street parking spaces. The establishment of the restaurant also represents a conversion of the existing building from a Base FAR use to a Reduced FAR use which also requires the approval of a use permit. LOCATION: Lot 3, Block 8, Balboa Tract, located at 605 East Balboa Boulevard, on the southerly side of East Balboa Boulevard, between Palm Street and Washington Street, in Central Balboa. ZONE: C -1 APPLICANT: Geoffrey E. Landon, Balboa OWNER: Kover Family Trust, Balboa James Hewicker, Planning Director, stated that the City is currently engaged in the preparation of a Specific Area Plan for Central Balboa, and he determined that the use permit would preclude the standards considered in the future. Mr. Hewicker addressed two letters received by staff concerning the application. The Building Department has indicated that in order to convert the building and to make the structure conform with the Health Standards, it may require very extensive alterations to the building. In response to a question posed by Commissioner Glover with respect to how the subject property would fit into the future plans of the Specific Area Plan, Mr. Hewicker explained that the Specific Area Plan Committee has not reviewed the use permit, and they have not reviewed or determined parking requirements for uses. The public hearing was opened in connection with this item, and • Mr. Geoffrey Landon, applicant, appeared before the Planning Commission. In response to a question posed by Chairman Di _29- COMMISSIONERS January 23, 1992 MINUTES A 0� CITY OF NEWPORT BEACH ROLL CALL INDEX Sano, Mr. Landon concurred with the findings and conditions in Exhibit "A' with the exception of Condition No. 8 regarding the hours of operation and Condition No. 10 regarding the service of alcoholic beverages. Mr. Landon requested that the establishment be allowed to remain open all night on Friday and Saturday nights during the summer months to service the residents in the area; however, the restaurant could close between 4:00 p.m. and 6:00 p.m. to comply with concerns regarding the traffic. Mr. Landon further requested a wine and beer license which would be used primarily for breakfast and lunch. Mr. Hewicker stated that the inclusion of the beer and wine was not a part of the public notice. He further stated that it was staff's impression that the subject establishment was an extension of the existing Hidi's Restaurant at another location, and would be open during the existing operating hours. . The use permit that was approved for the existing Hidi's Restaurant will remain on the property, and there is no guarantee that a future applicant will not • establish a restaurant at that site after the requested operation eaves the property. In response to a question posed by Commissioner Pomeroy, Mr. Landon explained that he considered summer months to be from June 30 to September 1. Landon explained that the existing Hidi's Restaurant is currently closed inasmuch as the building is in a rundown condition, d for that reason the establishment has requested to move to other site. In response to a question posed by Commissioner Debay, Mr. Landon explained that it is not his concern to deal with the Health Department concerning the condition of the building; however, the restaurant operation is inspected every 60 to 90 days by the Health Department. response to a question posed by Commissioner Gross, Mr. -andon explained that he was not aware of the Specific Area Plan d Hoc Committee. He said that the residents are interested in • naintaining some of the historic buildings that are in the downtown alboa area. Commissioner Gross suggested that the application e continued so as to allow the applicant time to meet with the -30- COMMISSIONERS January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX members of the Specific Area Plan Committee. Mr. Landon agreed to continue the application. Commissioner Gross further stated that the Planning Commission would not be able to take action on the use permit at this time if the application includes a request to serve alcoholic beverages. Mr. Landon explained that it is possible that chemicals could exist in the soil at the subject site because a dry cleaners was previously located in the subject building. He said that before he pursues a restaurant on the site, he will obtain a soils test immediately. Mr. Douglas Boyd, President of the Balboa Peninsula Point Association, appeared before the Planning Commission. He said that the Association would support the request to continue the use permit. Motion Motion was made and voted on to continue Use Permit No. 3437 Ayes to the Planning Commission meeting of February 20, 1992, to give the applicant time to meet with staff and members of the Specific Area Plan Committee. MOTION CARRIED. Use Permit No. 3438 (Public nn Item No.3 Request to permit the conversion of an existing two car garage into UP3438 a management /leasing office; the enclosure of eight existing Approved carports to be used as garages; and the construction of a new trash enclosure, in conjunction with the existing Granville Apartments located in the Unclassified District. CATION: Parcel 1 of Parcel Map 10-20 (Resubdivision No. 233) located at 1001 -1147 Granville Drive, westerly of Newport Center Drive, adjacent to the southerly entrance to Newport Center. ONE: Unclassified • PLICANT: WEBSCO Properties and Orion Construction, Santa Ana -31- COMMISSIONERS January 23, 1992 MINUTES �o 0 CITY OF NEWPORT BEACH ROLL CALL J I Jill I INDEX OWNER: The Granville, Ltd., Newport Beach The public hearing was opened in connection with this item, and Mr. Rodney Plascencia appeared before the Planning Commission on behalf of the applicant. Mr. Plascencia concurred with the findings and conditions in Exhibit "A ". In response to a request for clarification regarding Condition No. 4, Exhibit "A ", regarding Coastal Commission approval, James Hewicker, Planning Director, explained that the distance for Coastal Commission approval varies. The subject property is within the Coastal Zone, and any discretionary action taken by the City requires Coastal Commission approval. The applicant is required to file an Approval in Concept with the City, and that would allow the applicant to go to the Coastal Commission. In response to a question posed by Commissioner Merrill regarding the change in operation at the Granville Apartments, Mr. • Plascencia explained that the subject establishment has suffered vacancies due to the increase in competition, and there has not been an on -site leasing office to assist potential tenants until recently. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3438 All Ayes subject to the findings and conditions in Exhibit "A'. MOTION CARRIED. Findings: 1. That the proposed construction is consistent with the Land Use Element of the General Plan, and the Land Use Plan of the Local Coastal Plan, and is compatible with the surrounding land uses. 2. That the design of the proposed improvements will not conflict with any easements acquired by the public at large • for access through or use of property within the proposed development. -32- COMMISSIONERS January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL il fill I INDEX 3. That the approval of Use Permit No. 3438 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 1. That the proposed construction shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the proposed garages and the existing garages, at the northerly side of the manager's residence, shall remain accessible to the parking of vehicles at all times. 3. That the proposed garages shall maintain the required clear • interior dimensions for parking spaces as specified in Section 20.87.260 in the Municipal Code. 4. That Coastal Commission approval shall be obtained prior to the issuance of building permits for the proposed additions. 5. That the on -site parldng and, vehicular circulation system be subject to further review by the City Traffic Engineer. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Variance No. 1154 R ' w (Discussion) Item No.4 Request to clarify and interpret Condition of Approval No. 7 of the VI154 reviously approved Variance No. 1154 which permitted: the 'd onstruction of a second floor addition to a single family dwelling Cont to 2/6 %92 • hich exceeded 1.5 times the buildable area of the site; and ermitted the waiver of one of the required off - street parking paces. The previous approval also included a modification to the -33- COMMISSIONERS January 23, 1992 MINUTES c� �0 q� CITY OF NEWPORT BEACH ROLL CALL INDEX Zoning Code so as to allow various front, side and rear yard encroachments associated with the second floor addition. The current discussion involves a request to clarify and interpret the condition of approval which prohibited the construction of a fence, building or other obstruction higher than 6 inches in the side yard setback adjacent to the alley. LOCATION: A portion of Lot 24, Block 13, Section 1, Balboa Island, located at 527 Park Avenue, on the southwesterly side of Park Avenue, between Topaz Avenue and Turquoise Avenue, on Balboa Island. ZONE: R -1.5 APPLICANT: Maxwell B. Phillips, Balboa Island • OWNER: Same as applicant awes Hewicker, Planning Director, suggested that this item be continued to the Planning Commission meeting of February 6, 1992, as requested by the applicant. Motion Motion was made and voted on to continue Variance No. 1154 to All Ayes the February 6, 1992, Planning Commission meeting. MOTION CARRIED. Modification No. 3958 (Public H item No.5 equest to establish a McDonald's specialty food service use on Nod 3958 property located in the SP-6 District. Removed L)OCATION: Lots 2 - 20, Block 127, Lake Tract, and a from vacated portion of Newport Boulevard, Calendar located at 2727 Newport Boulevard, comprising the entire block bounded by 28th Street, Newport Boulevard (southbound), 26th Street and West Balboa Boulevard, in the Cannery Village /McFadden Square Specific Plan Area. -34- COMMISSIONERS \ �' I \ 21- ee\N \ January 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX ZONE: SP-6 APPLICANT: McDonald's Corporation, San Diego OWNER: Newport Peninsula Center Associates, Newport Beach James Hewicker, Planning Director, stated that the applicant has requested that this item be removed from calendar. Motion * Motion was made and voted on to remove Modification No. 3958 All Ayes from calendar. MOTION CARRIED. a a s The Planning Commission recessed at 7:55 p.m. and reconvened at 8:15 p.m. to continue Item No. 1. The Planning Commission adjourned at 11:58 p.m. Adjourn NORMA GLOVER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -35-